No. 24-5502

William L. Mitchell, Jr. v. Frank Kendall, Secretary of the Air Force

Lower Court: Fifth Circuit
Docketed: 2024-09-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: adjudication-on-merits appellate-procedure civil-litigation federal-rules-civil-procedure judicial-review voluntary-dismissal
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2025-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a second voluntary dismissal under Federal Rules of Civil Procedure 41(a)(1)(A) and (B) acts as an adjudication on the merits and forms a basis for appeal

Question Presented (from Petition)

QUESTION PRESENTED Under Federal Rules of Civil Procedure 41(a)(1)(A) and (B), the “Effect” of a second voluntary dismissal “acts as an adjudication on the merits.” Given the fact a second voluntary dismissal by the Plaintiff in federal district court involved the same claim, does it form a basis for appeal under FRCP 41(a)(1)(A) and (B)? RELATED CASES Mitchell v. Department of Air Force, No. 14-cv-847, U.S. District Court for the Northern District of Texas. Notice of Voluntary Dismissal November 18, 2014. Mitchell v. Department of Air Force, No. 14-cv-847, U.S. District Court for the Northern District of Texas. Judgment entered December 4, 2015. Mitchell v. Department of Air Force, No. 16-10043, U.S. Court of Appeals for the Fifth Circuit. Judgment entered September 27, 2016. Mitchell v. Kendall, No. 21-cv-912, U.S. District Court for the Northern District of Texas. Judgment entered May 3, 2022. Mitcheil v. Kendall, No. 22-cv-00443, U.S. District Court for the Northern District of Texas. Notice of Voluntary Dismissal August 11, 2023. Mitchell v. Kendall, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered March 27, 2024. Mitchell v. Kendall, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered May 2, 2024. Mitchell v. Kendali, No. 23-11035, U.S. Court of Appeals for the Fifth Circuit. Judgment entered June 5, 2024.

Docket Entries

2025-01-13
Rehearing DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Petition for Rehearing filed.
2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-10-10
Waiver of Mitchell, William L. of right to respond submitted.
2024-10-10
Waiver of right of respondent Kendall, Sec. of Air Force to respond filed.
2024-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2024)

Attorneys

Frank Kendall, Secretary of the Air Force
Elizabeth B. PrelogarSolicitor General, Respondent
Mitchell, William L.
Elizabeth B. PrelogarSolicitor General, Respondent
William L. Mitchell
William L. Mitchell Jr. — Petitioner
William L. Mitchell Jr. — Petitioner